JAGDISH Vs. STATE OF M P

JUDGEMENT

(1.) Heard on the question of admission.

(2.) This Criminal Revision under Sections 397, 401 of Cr.P.C. has been filed against the judgment and sentence dated 11-10-2017 passed by Additional Sessions Judge, Budnagar, Distt. Ujjain, in Criminal Appeal No.15/2017, thereby affirming the judgment and sentence dated 24-12-2016 passed by J.M.F.C., Budnagar, Distt. Ujjain in Criminal Case No.158/2010, by which the applicant has been convicted under Section 25(1-B)(a) of Arms Act and has been sentenced to undergo the rigorous imprisonment of 1 year and a fine of Rs.500/- with default imprisonment.

(3.) The necessary facts for the disposal of the present revision in short are that on 27-1-2010, Sub-Inspector K.N. Sharma, who was posted in Police Station Ingoria, received an information from an informant that the applicant is in illegal possession of a pistol. The police party reached bus stand of village Chikali and with the help of the police force, the applicant was searched and he was found in possession of a pistol and two live cartridges. The applicant could not produce the license to hold the firearm and accordingly, he was arrested and crime No.20/2010 was registered against him for offence under Section 25 of Arms Act. The spot map was prepared. The seized pistol and cartridges were sent for examination. After obtaining the sanction for prosecution under the Arms Act, the police filed the charge sheet against the applicant for offence under Sections 25 and 27 of Arms Act.